Ramesh Singh @ Ramesh Pd. Singh v. The State Of Bihar and Ors.
Case brief
What is this about?
Writ petition challenging a notice for removing encroachment from government land. Court avoided merits, directing the Circle Officer to conclude proceedings within four months after serving notice and granting hearing rights to all affected persons, while maintaining status quo.
What did the court decide?
Direction to Circle Officer, Jamui, to conclude encroachment proceedings within four months after issuing notice and hearing all affected persons; status quo maintained.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7600 of 2017
====================================================== Ramesh Singh @ Ramesh Pd. Singh
.... .... Petitioner/s
Versus
The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar For the Respondent/s : Mr. Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 19-05-2017 The petitioner is aggrieved with the notice dated 13.05.2017 issued in Encroachment Case No. 01 of 2017-18 under the Signature of Circle Officer, Jamui, respondent no.4, as contained in Annexure-1, whereby the petitioner has been directed to remove the encroachment from the land appertaining to Khata No. 10, Plot No. 252 situated in Mauza Manjaur and if the petitioner will not remove the encroachment then the same will be removed with the help of police force the cost of the same will be recovered from the petitioner.
It is submitted by learned counsel for the petitioner that the notice does not stipulate whether the notice has been issued under Section 3 or Section 6 of the Bihar Public Land Encroachment Act, though the purport of the notice suggests that notices has been issued under Form-II under Section 6 of the Bihar Public Land Encroachment Act but, it does not suggest of any final
Patna High Court CWJC No.7600 of 2017 (2) dt.19-05-2017
Issues for consideration
1 issue framed by the court
Whether the impugned encroachment notice required to be quashed under the Bihar Public Land Encroachment Act?
Parties & counsel
- petitioner
Ramesh Singh @ Ramesh Pd. Singh
- respondent
The State of Bihar
- respondent
Others
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court